How common are denied EB-2 NIW petitions?

EB-2 NIW petition outcomes vary based on the strength of evidence, the specific criteria addressed, and the adjudicating officer. Each case is evaluated individually based on its own merits and documentation.

How does the Startup firms / Small businesses industry affect EB-2 NIW petition outcomes?

The Startup firms / Small businesses sector has unique considerations for EB-2 NIW petitions. USCIS evaluates whether the petitioner's qualifications and contributions align with the specific requirements of the visa category. Industry context matters for demonstrating the significance and impact of the petitioner's work.

dismissed EB-2 (NIW)

Not Stated

Startup Firms / Small Businesses · 2024-06-13

Decision Date

2024-06-13

Location

United States

This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.

Proposed Endeavor

The petitioner submitted a business plan and personal statement focused on the context of startup firms and small businesses in the United States. The endeavor aimed to create job growth and generate economic effects within the small business sector.

Framework Evaluation

0 of 3 criteria met

1 Substantial Merit and National Importance Not Met

The evidence did not demonstrate that the specific proposed endeavor would have broader implications in the field or economic effects at a level of national importance.

Why This Petition Was Denied

The motion was dismissed because the petitioner failed to state new facts for a motion to reopen and failed to identify an incorrect application of law or policy for a motion to reconsider. Regarding the merits, the petitioner did not satisfy the first Dhanasar prong as the evidence did not demonstrate the endeavor's potential for substantial positive economic effects at a level of national importance.

Evidence

Evidence Types

Original Contributions

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Frequently Asked Questions

A dismissed EB-2 NIW petition means USCIS found the evidence insufficient to meet the eligibility criteria. Common reasons include weak documentation, failure to meet the required number of criteria, or insufficient evidence of the claimed qualifications. Petitioners can refile with stronger evidence or explore alternative visa categories.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-06-13.

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At a Glance

Outcome dismissed

Criteria Met 0 / 3

Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813

Success Rate 53.7%

Sustained 2,046

Dismissed 1,671

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